Daniel Montalvo v. Church of Scientology, et al

“You have seen how a man was made a slave; you shall see how a slave was made a man.”

– Frederick Douglass, 1845

S. Christopher “Kit” Winter of the Dykema law firm (HQ Detroit, offices around the U.S.) has filed two lawsuits in the Los Angeles Superior Court this afternoon. Both are brought on behalf of his client Daniel Montalvo. Copies of the suits can be found at the links below.

Kit is an extraordinary man. Mike Rinder and I briefed him in detail on what he would be up against personally in suing on behalf of Daniel. Kit is walking onto the field with his eyes wide open, and unflinching.

Daniel too was briefed on what he can expect to face and he too made a conscious, principled decision to proceed.

I know us old timers have referred to Daniel as the “kid” in the past. As of today Daniel is no longer a kid. Daniel Montalvo is a man.

331 responses to “Daniel Montalvo v. Church of Scientology, et al”

Me too. I have a place here in the UK, unknown and relatively isolated. Simple, VERY basic. But open to ANYONE, no questions asked, who is recommended by Mr. Rathbun.

Keep going Daniel – even though it is difficult. Freedom and happiness are worth it. Believe me. You are cared for and treasured by many – most of whom you may never meet. But be assured that we are with you on each and every step.

You guys are very generous but I don’t think Daniel has to hide ever again from anyone for any reason. Once you confront an SP, he can’t restimulate anymore and with that his last and only weapon is gone.

A much better solution than hiding is provided by integrity, the one thing an SP has no answer to; his whole SOP is geared towards having victims throwing it overboard and thus becomming slaves.

Yes, Any help needed just ask. If we need to come to USA for another “Portland” we will. And I doubt to see lot of Scientologists defending he “church” on this one.
I hope your parents come to their senses. Being sued by their own child while continuing to support the suppressive behavior of SOB, I don’t know how they can handle this.
If you ever comes to Paris, you will always be welcome here.
All my love and support to you.

Best of luck to Daniel. I hope he takes the bastards to the cleaners for enslaving a child and I hope hundreds of other children who suffered similar fates in the SO follow suit.

Also horrifying about him losing his finger. I bet he was told he pulled it in ( as well as the others who were injured before him) and those same dangerous machines are still being operated by sleep deprived SO kids.

Sunny
WHILE THE “church” TOUTS IT HAS THE TECHNOLOGY TO HANDLE ENGRAMS, AND BOASTS MILLIONS OF COPIES OF DIANETICS SOLD, IT DID NOT EVEN GIVE AUDITING TO DANIEL FOR THE TRAUMA OF LOSING HIS FINGER. NO AUDITING.
NO COMPASSION.

GET BACK ON POST IN 48 HOURS ! START !

He was a Sea Org Member. And a slave for maximum hours for minimum pay. But I guess he was too low on the food chain. Auditors are need for CHURCH FINANICIAL Gain. Not for a humble teenager who works 100 hour weeks with SLEEP DEPRIVATION.

The CULT is no more than a GREEDY business entity masquerading as a “RELIGION.” AND ENJOYING TAX free benefits while ABUSING its members, RAPING ITS PUBLIC OF $$$$$ and laughing all the way to the bank.

In ~1985, at the Fort Harrison, a under aged kid lost his thumb and index finger (and all of the flesh that connects them). His hand got caught in the pulleys and cables of the elevator. The elevator roof was being used to transport 10 foot long sheets of drywall to the upper floors. You could load the drywall upright on the roof of the elevator then sit up there and use manual controls to take the elevator to the floor you needed the material.

I had done this myself on numerous occasions. Risky work maneuvers resulting from lack of equipment, false urgency on TMs that resulted in using “make it go right” to override common sense and safety. Looking back; It is stunning to me there were not more serious injuries considering lack of sleep and training.

I did not witness the accident, or the aftermath, but Marco must have put his hand in the wrong place while that elevator was going up…. Here is what I do know.

1. He was minor
2. He was on the RPF
3. He was back on the RPF within days of the accident
4. He thereafter wore a black ski glove on his hand to hide the hideous disfigurement.
5. He was a nice kid who had no business being in a dangerous work environment

Incredible. I just completed reading both complaints. This is not an issue of Scientology or religious grounds. This is a clearcut case based upon data and law. Wonder how they will try and spin this. I think OSA will look back and see what a disaster was in the making the day they began contracting and recruiting minors. Before a jury, the fact you get a young child to agree to a billion year contract – no way to show that a child understood that. And then pressure them to fulfill their agreements were TWTH.

Moxon – better get yourself a really good attorney. You know what they say about an attorney that tries to represent themselves – they have a fool for a client.

Sapere Aude, In your superb statement of ”
This is not an issue of Scientology or religious grounds. This is a clearcut case based upon data and law. ” is the velcrow that will make these charges stick to these teflon dons of the Church of $.
Just like Capone was gotten on income tax evasion these thugs will be taken down for their Human Rights and Civil Rights violations.
The enraged villagers will be lighting their torches and marching up to the house of Frankenstein to torch the evil that came from within it.

Oldfox,
Its not just Human Rights and Civil Rights. Work Comp laws in California are some of the toughest in the country for the injured worker and against the employer/insurance carrier. In this case it appears that Bridge didn’t even file the report. The case against CSI states while working on EPF for ASHO he was ordered to work for Bridge. Injured at Bridge and told to lie to hospital personnel. Work Comp laws in California require medical personnel to report a work related injury. Therefore, this order to lie flagrantly and overtly was done to circumvent the laws.

Add that to child protection laws and laws regarding required education. This is a massive insertion of a wooden stake deep into the beast.

It is so sad to have forced Daniel to sue his own parents. Start looking up LRH references on all of the outnesses shown by this case in how the orgs and corporations are being run. The media will have a field day going through the records which will become public.

I don’t remember which corporation owns BPI, the the casual shuffling of SO staff between CLO, ASHO, Bridge, etc will further expose that their is truly NO corporate integrity. So the tenacles of discovery can reach far and wide. Who paid his pay, at which corporation did he work, which did he berth at, who is he contracted to. None are going to want to admit to illegally hiring/working a minor.

No teflon will keep this crap from sticking to a lot of stinky people. Unfortunately, this will further drag through the mud the repute of Scientology and legacy of LRH. We didn’t do it. The current “church” under DM did this all by themselves. I won’t rejoice as this explodes publicly but I will be happy when justice is served.

I understand how you feel about the repute of Scientology but Davey boy has resisted all lower ethics gradients so this is one of the inevitable steps needed to preserve the Tech and give it to lots of people that need it. To a world where the Tech has been made almost totally extinct and is only practiced by a handful of veterans, it will come as a big help.

The repute of Scientology will later be restored by transparency and media coverage; the only fast way to do so. It can be used by Daniel & co to explain why people get creepy feelings from “Scientology” and may serve as a huge dissemination tool. I just have to tell people that the Scientology Church is an 180 degree reverse of LRH’s writings and is used for personal profit and power, to gain instant understanding. I can’t think of any other way to restore the repute of Scientology and LRH.

By suing his parents Daniel is doing them the biggest favor this LT; it’s the one and only way to get in comm, interrupt their forced information flows, get them to confront facts and finally get themselves dePTSed as well as great numbers of public and even staff that might catch bits and pieces from the media which will work as a major data source that’s generally accepted.

You make a good point and although I had originally felt much concern over the repute of Scientology as it was raked through the media, I have found that it has allowed an open comm line of the subject with family and friends (non-Scientologists) who had previously given me the socially acceptable PC type ack about my involvement in Scientology.

Now, they are genuine about their interest and I have always clearly differentiated the church from the tech and have used the church reformation analogy which is very real. And, when they hear things, they tell me about it or ask my advice. I like this much better than secretly whispering behind my back. The response that I have received so far has been of complete support not only for what I am doing but also in what all the whistleblowers are doing, not unlike what we hear from time to time on this blog by those who are not involved in the church but are following what is happening.

I think that several years of reality TV and “out there” talk shows have flattened most people’s buttons on “dirty laundry”. What ever attention it gets will be momentary, until something else happens in the world. The church’s standard op of discrediting the opposition will fail because the public is already on to this and will discredit the smearing faster than you can blink an eye.

It is the church’s reputaion that will get hit, not LRH. As Independents, I think we all have the responsibility to really keep this distinction in with anyone we have contact with. The world is really a forgiving planet, at least everywhere…except the church.

That Irony is so typical for Davey’s Catastrophedral. The Mecca of Technical Deception is foisted off as the friendliest place in the world, whereas it’s actually the most cruel implant station for helpful beings. The Sea Org is supposed to be the most ethical group on the planet but of all corrupt power brokers the very American government (we all know what it has done to the WTC, Irak, Afghanistan, their own middle class, etc) is now to put ethics in on the Sea Org.

@Drug Rundown:
And who do you think you are to reprimand me, Mr. Pseudonym?
The moderator approved my post without remark. Note that I only made a request, hence the “please” which is considerably more polite than your rude form of address to me.
I suggest you read Emily Post.
Friend’s may call me “Mike”. “Mr. Hobson” is the expected form for others.
Addressing someone by their bare last name is reserved for one’s organizational superiors in a work situation, particularly in the military.
You certainly are not my superior in any organization nor are you a moderator of this board, so kindly quit trying to assert dominance over me by calling me “Hobson”.
Michael A. Hobson

Thanks Michael,
I just brought it up as an example but I wonder how much off topic the WTC actually is. We know Davey has invested our IAS money heavily in the Neocons and that’s why government, justice and courts protect him. They grant his corporate profits full tax exempt and throw out the Headly suit for the most ludicrous reasons.

We also know the Neocon goals of strengthening America’s defenses and their agenda of world wide government change. We also know that someone has whispered into their ears that if the lie is big enough, people will accept it. “To big a lie to be true” is exactly what Davey has been promoting and experimenting with for over two decades, long before the WTC scheme was hatched.

This thread is about abuse of power, misdirection and evading justice, exactly what happened with the WTC. It’s about the question as to why the Church crimes are still not officially investigated, exactly like the WTC. The investigation into Monica Lewinski was awarded more than double the budget of 911. Even the 911 commission self admits that it was set up to fail.

Not looking, not investigating and not asking questions is exactly what suppressive leaders want you to do. But if you care just a little bit about your children, planet, climate, economics, peace and other dynamics, if you care just a little bit about your freedom to help your fellow men, better start asking some pertinent questions.

The deafening quiet that followed the most incredible scientific findings about the WTC two years ago is very much comparable to the decade long silence of Int management about technical outpoints. But going into conspiracy theories and opinions is indeed an unending discussion, so let’s stick to what peer reviewed mainstream scientific research has proven.

I expected someone like you to come up with something like that so I had to DA it (by word of its own authors) before you could refer to it as a credible source. Even NIST has admitted (after 8 years of lying and a regime change) to free fall collaps which makes it a controlled demolition . http://www.youtube.com/watch?v=Ii49BaRDp_A

The facts and science are pretty conclusive; now it’s up to media and politics, and to nudge them… the internet. Something not unlike what we do here.

Nah, just blind to facts without arguments because his OL Boris is protecting the CIA. His other OL, Assange, must be selectively blind as well if he wants to live. America and Assange fight each other within acceptable limits to get laws passed that can shut the internet because while in full bloom, many black ops, torture and illegal power tricks get exposed.

Erwin,
I fully agree. I find it easier to keep them as different things – the LRH tech and the actions of the “church”. I can fully rejoice anytime I see DM, Moxon, etc pic’s with the charges. It will be in your face to online public and the questions from their contacts and family.

As far as having to sue his parents. All will come out ok but it really shows how bad things are to the general public. A church which abuses a child, treats them as cheap labor, and backs the child into the corner where they must sue their parents. Before a jury of peers or a jury of public opinion this impinges. You and I can see it as ethics being put in. In the court of public opinion it’s another nail in the coffin of DM’s empire.

Yes, we will be around to pick up the pieces and continue forwarding what can be done with LRH for the good of all. I am sure glad I am on this side and not on the inside. That would suck. Blind, dumb, in the dark and going in a high speed train right over the cliff while they sleep.

Blind and dumb over the cliff I knew, but do they actually get to sleep now? Must be some influence emanating from this blog. Truly sad for those still inside but that’s mostly new staff, mostly with a billion year contract, mostly signed while too young to legally do so. They’ll cognite one day and the more our lovable TD opens his mouth, the sooner that is.

I saw the Canadian newscast which didn’t show not a single public at Flag, only non communicating uniformed slaved, super controlled by (il)legal orders. It reported that numbers were down from 55.000 to 25.000 by 2008 and since then M&M and many opinion leaders started for real; do the math! It won’t be long before we can pick up the pieces.

Right,
Internet was designed by the army to provide decentralized command and thus defend the government against the outside enemy. Ironically it’s proven to be the best defense against those in charge. It’s pushing mainstream media to cover more (politically incorrect) items and helps groups to free themselves of suppressive regimes.

Under California law, I believe this behavior qualifies as “serious and willful misconduct”, meaning an intentional breach or skirting of Worker’s Comp law by employers. Each count of serious and willful misconduct, last time I checked, carries a MANDATORY $10, ooo penalty. By mandatory, I mean that if the facts are proven, the Judge MUST award that amount, per count (instance) at a minimum, in addition to medical and physical rehabilitation care expenses.

California Worker’s Comp has free Advisers which can assist you, if anyone out there feels that they were injured while working for COS and may have a case, and wants to look into seeking paid medical treatment, physical therapy, retraining for other work, and compensation for that injury.

In the case of minors, people working with disabilities, or certain other conditions (such as being under duress~ RPF?), the statue of limitations for filing may not apply to your case. Some injuries are not just physical, but mental and emotional as well. These are also covered by workers Comp law here in California.

I want everyone who was ever posted at Int (and elsewhere) to know, understand and claim their legal rights. If you feel you were harmed on the job and not treated adequately to recover fully from that harm, check it out! Here’s a link: http://www.dir.ca.gov/dwc/IandA.html

Dan,
You have a way with 3 words!
This storm seems to be one of the good ones which just washes all the smudge, pollution, dirt and soil produced by Dear Leader away.
Hope it sets a good precedent and as there are quite a number of young men and women who grew up under similar circumstances which perhaps would need to be settled with for those child abuses.

Alexander Jentzsch, the son of the ex-President Church of Scientology International was made to Slave Labor at the Fort Harrison Hotel when he was 12/13 years old. No schooling. No Study time. He cleaned bannisters and toilets.

This would have continued for years ~~ except a felony was committed on Alexander and they needed to “get him out of Florida” to be out of jurisdiction of Law Enforcement.

Clearwater PD was not informed, instead I received a threatening letter from hired gun Donald Wager not to publish the story. They did not deny the felony, they only did not want it published on the web .

Numerous witnesses on Alexander’s scene can testify Daniel’s law suit on how the “Sea Organization” uses children for slave labor, breaking the laws of the land, no education, no schooling, in support of Daniel Montalvo’s suit.

I’d mentioned to you in person that sometimes the legal speak was over my head but I’m learning FAST now.

My favorite part is the Moxon section. He’s a slimey fucker! He needs to be financially ass-f#$%^ed for allowing Daniel to actually be arrested!

I’m sickened that this young man lost part of his finger and that the church told him to lie about where it happened, attempting to exclude the church’s responsibility/connection.

While koolaids may sarcastically call Daniel a victim, saying he must’ve pulled it in from a past life, I call him a guy who deserves some serious compensation and to be surrounded by safe, reliable people who want to help him move forward onto the right path in life.

I hope this case goes Daniel’s way and that Radical Scientology is made a viral example of on the net.

S. Christopher (Kit) Winter…now here is an attorney to call. Wow , wow, wow. This is so well done on the part of the attorney, Daniel, Jason and all. I would love to be on that jury. All involved in this horrendous cover-up get to pay BIG TIME. Say good-bye, Moxon, DM, OSA and the rest of you covering up this fraud.

Excellent work on the attorney’s part! I sure hope anyone (no longer in the church) who has data that can be helpful to this case gets in contact with Mr. Winter as we all know the church lies and any corroboration to these accounts would be very helpful and important.

Daniel, thank you for your willingness to confront this scene. It predict it will have a huge impact! You da man!

Hats off to you, Daniel. You deserved so much more than you were dealt in the church. What you’re doing is going to change the scene for a lot of kids, to say the least. I have loads of admiration for your courage!

School in the SO is a funny thing, because it’s a contradiction. It’s like, if you’re going to go to school, them you’re not really in the Sea Org. And the schooling that IS done by “contractors” is HORRIBLE. The kids still wind up stupid, as far as education goes.

Isn’t it funny though that if the SO is made to ONLY employ people who are 18 or older, or are younger, but HAVE a diploma or GED, the number of SO members would drop by maybe 30% overnight.

Shiiiiiiiiit-storm!!!

This ain’t no religious exemption matter neither. This is going allllllll the way. Suck on that Tommy!! (======

From the looks of these court papers – i think it is safe to say ” shit …meet fan ”
and the “fan” is this young man Daniel;) Blessings and strength to you and i think that the donation i made to him will not be the last . You will win – you already have.

The Church is part of society. It is not above the law. Bridge, as a manufacturing facility, has CA and Fed rules to deal with, and having worked in Manufacturing, you treat job injuries SERIOUSLY, and IMMEDIATELY.

16 year old kid runs a guillotine blade machine – one without adequate safety controls. One that may have an operations manual that, if followed and checked out, might have prevented the injury, but HEY! We know better than those fucking wogs – why unplug the thing? Hey Danny! fix the fucking jam! Hey, you out-ethics PTS SOB, you chopped your fucking finger off! Fuck! Here – you! take get that fucking rag over there – yea, that one! Danny, put it on your fucking finger. Christ! What fucking Dev-T! Oh, alright. Joe, take him to the fucking clinic.

Clinic!!! Maybe it didn’t happen exactly that way, but the facts speak for themselves.

Un cussing believable asinine bungling. Dan, you deserved better.

This thing may take a while Dan – meanwhile, enjoy life! You’re 20! Enjoy the hell out of it!

+++Did Daniel receive full assists for losing his finger ?
+++Did he receive all the remedies for a major engram ?
++++Was he considered too low in the food chain to assign an auditor to him ?
++++Ordered back to work 48 hours after losing a finger with or without auditing ?

The CULT touts itself as THE EXPERT in the whole wide world on trauma HANDLING.

Disgusting-when the Church of Scientology doesn’t use the subject to help someone who was working his ass off for them.
From KSW Series 1 HCOPL 7 Feb ’65
“It’s the bank that says the group is all and the individual nothing.” – LRH

The spammer that posted 5000 times on various blogs cut and pasting her COPY PASTA message on the release of Larry Wright’s New Yorker article is silent and invisible! (She gave me the idea to copy/paste as well !)

Not a peep on Village Voice, St. Pete Times or anywhere I can see.
Did the exposure of her on this Blog get her fired from OSA ?

It reminded me of the movie starring Tom Cruise called “The Firm” where they couldn’t get the firm on any juicy charges that they were regularly committing so Cruise got them on mail fraud over state lines. When the police detective complained how minimal mail fraud was compared to the heavy crimes that the firm had committed, Cruise said something like, “it may not be sexy, but it has teeth.” Well, C of S, this breech has teeth. It is going to bite and bite hard. May it never happen again and may the world see what you have become under the spell of the Dm. Time for the spot light and we’ll enjoy watching the squirming.

The church can’t have it both ways. Bridge Publications is a for profit corporation. And in fact all SO members are supposedly paid minimum wage, and then they are responsible to pay for their housing and basic needs (I think automatic deduction for housing), which then gets their pay down to $50 a week.

They can’t play the church card and religious fraternal organization on this one.

Wonderful point, Lucy; thanks for this data. Didn’t realize Bridge was run as a for profit corp. You’re right, they keep trying to have it both ways. Looks like they’ve come to the end of the line on this one!

I notice these attorneys are smart enough to spot the “Sea Organization” as the overarching culprit.
“Although the Church of Scientology is nominally comprised of a byzantine labyrinth of interconnected corporate entities and holding companies, as a practical matter all are under the control of the Sea Org , and the policies of the Sea Org define the operation of the entities and the relationships between them, such that each of the corporate Defendants named herein is an alter-ego of the Sea Org, and vice-versa.”

I’ve said before that the Sea Org may have been a good idea for a brief period, like 1967, but has been a very, very bad idea ever since.

Is there one single LRH policy or bulletin that orders, condones or allows this kind of child abuse?
Is there one single law in the USA that classifies this kind of abuse as acceptable to any organization?
Is there one aspect of common sense that would justify such brutal treatment of ANYONE?

Daniel, you are one brave and nobel dude. I admire your courage in going forth with this suit. Your actions will positively influence the lives of many, many others who also are being abused.

And to those with the courage to stand by and support you, my hat is off to all of you. It is no small feat to stand face to face with this kind of restimulative suppression from David Miscavige and his robotic minions. Please accept my admiration. I know you don’t need praise or approval, but you’re getting it anyway.

OMG!!! This looks like the beginning of the end.
What a thorough suit this is.
No one who was involved in any of this is going to make it through unscathed.
Daniel, despite the education you were denied, you are one intelligent and courageous guy. We are all indebted to you now.
Linda

FYI – I set up the PAC Ranch, even gave it the name. I set up the school so that these kids were to get their Three Rs, history and grammer, etc. Sounds like that was changed. If you need a witness on the Ranch, you can count on me.

Also I was BAD (Base Ambulance Driver) in PAC because I was First Aide Trained and could get people to the doctor without costing money from real ambulances. OSA would freak out when SeaOrg kids hurt themselves because the law would get involved. So when a kid hurt himself, I know that the standing verbal order was to wait to get them medical aid until OSA got their ducks in a row.

Also, using Workmans Comp was forbidden. It was a verbal standing order to never use Workmans Comp for injuries on the job because the rates would go up if we used it. Plus when you report an accident to WC, they report it to OSHA and you never survive an OSHA inspection, especially if a kid was hurt. I know a 16 year-old girl who fell off of a ten-foot ladder (RPFer) and fractured a vertabre and OSHA was called in and it cost the Church $25,000 in fines. Let me know if you need a witness for that because the orders were there to never use Workmans Comp.

Tom, your comment is one of the reasons why I am so continually impressed with the effectiveness of this blog. Your data here is incredibly valuable to this lawsuit. This blog is a continuous running multiple viewpoint system, that is uniting the Indies into a formidable JUGGERNAUT THAT CAN’T BE STOPPED. THE UNETHICAL PEOPLE AND ACTIVITIES OF THE CHURCH JUST CANNOT STAND UP TO THIS MUCH PURE RAW POWER AND INTENTION. THEY ARE GOING TO GET THEIR ETHICS IN, ONE WAY OR ANOTHER. IT LOOKS LIKE BY JUSTICE ACTIONS, BUT IF THAT IS THE ETHICS GRADIENT IT TAKES, SO BE IT!
Marty, thank you so much for continuing to keep this blog here, despite so many attempts to take it down. The connecting up of this many power comm lines just can’t be beat! Pun intended.
Much love and admiration, Catherine

Right on Virgil! But I am certain that this facet of the “ongoing investigation into the Church of Scientology” has been automatically considered by Daniel’s attorney.

Your point here is as true as DMSMH:
“you never survive an OSHA inspection, especially if a kid was hurt”.

I knew a guy once, I still know him, that ran a sweat shop where he employed Polish immigrants looking for work. What a rascal. Very similar to DM. The migrants could work 65 hours a week for his profit and were NEVER paid OT, only regular salary. Never offered medical benefits. Never even allowed a legal holiday off without having to “pay it back” by putting in extra time on a Saturday or Sunday. The man really irritated me with his attitude. One day I was walking down the street in town and I met a guy I started talking to and we just hit if off and he revealed to me why he was missing two fingers on his left hand. He had got his hand caught in one of the guy’s machines and cut his fingers off. He settled privately with the guy out of court by giving him $10,000.00 to “go away”.

You know what I did. I went down there to see that guy and he showed me around the plant and I created a mental image picture of all the OSHA outpoints and when I said goobye to him I went home called OSHA, told them everything I had seen, used my real name, he got an OSA inspection and was fined $10,000.00. That was a long time ago. I am sure by now the fines for such things are well over $25,000.00.

He {the owner} had the nerve to call me on the phone one afternoon and say to me “Raul, why did you call OSHA on me for”. I was too dumbfounded to answer such a question so I did the theta thing, and just hung up the phone on the jerk.

Raul,
If you really want you image of what you consider good or whatever then it is easy to handle. You have been asked and many have commented for you to change this. Your icon is unwanted by many of us.

Easy to handle. Log onto yahoo.com and make a free email account. Log onto this blog and wordpress will give you an icon just for you. Whereever else you log onto you can keep your speedo man but when you come here please use your new yahoo email.

We won’t see the email and you can still be Raul. This is on the assumption you wish to participate here without alienating others by appearing to continue to be rude to their requests.

Mr. Flagler, you mean well. I am sure that WindWalkers and others donated already or will donate all they can very soon. Yes, Daniel doesn’t need a room to live in but cash to pay for all these legal expenses.

Family Beghe and Marty shouldn’t be the only people who pay for the lad.

OK, I sold the Brooklyn Bridge that I bought last year at a discount. It didn’t increase in price or anything, but at least I’ll get my money back and then I’ll be flush with cash. The guy I sold it to (the same guy I bought it from) told me he could expedite payment to me if I paid a reasonable ‘expedite’ fee of only a few thousand up front, so I should receive the check by the end of Sunday, especially since I paid an extra up front for Sunday delivery and weekend document processing. More later, I think that’s them at the door.

Sam,
Embed doesn’t post the vid anymore. Just hit “share” and copy and paste what is in that line and wordpress pulls up the vid. I saw what you tried to do so just posted the vid with “share” and that was why I put no comment. Glad to help.

This is the most exciting post that I have read in a long time. I applaud you Marty and Mike for the work you have done to get this moving. I pray that the attorneys succeed with their case.

Many years ago my own children were abused while in the SO while my wife and I worked fifteen hour days for no or little pay at AOLA.
The abuse Daniel suffered was also suffered by many other children of SO parents. Until now it seems that nothing at all had ever been done about it.

I wish that I could be on the jury that hears this case and I hope that it is a very public affair.

Typical Tommy Davis comment, i.e. make the victim look like the perpetrator:

“Church spokesman Tommy Davis said Friday night the church had not been served with the suits and could not comment on them. He noted Montalvo took Church of Scientology property — computer hard drives — when he left valued at tens of thousands of dollars. Then, with the help of church defectors Montalvo moved them across state lines.”

As much as I like the lawsuit and holding the C of S accountable, I’m afraid it won’t do that much long-term damage to the church. If the church is smart, and maybe they’re not, they’ll just settle out of court for a lump sum of cash while admitting no wrongdoing. I can just see the IAS reges getting briefed by President IAS right this second to go raise the money to pay for the lawsuit. So in the end, nothing really changes; they’re just out a little cash. Well, at least Daniel gets some money so he can go start a life somewhere. Shame on his brainwashed cult-member parents for deserting him in a time of need.

I respectfully disagree. I don’t think this one will be business as usual. This story has all the key elements that should give it traction. It’s such an interesting story to follow. The betrayal of this beautiful being, that everyone was supposed to care for and nurture, is unconscionable.

This story is the perfect “mass” to the recent human trafficking and abuse allegations. Here, world, is the PROOF — in spades.

Synthia,
I have to agree with you. Jethro this will not be a quick settlement and go quiet. If you read the suit in addition to Kit suite 1 has 4 other female attorneys and suit 2 has 2 female attorneys. Total 5 different ladies. This is really set up to go the long haul and before a jury. It is such a story of the current “church” structure tearing up families and using minors as a cheap source of labor. I think all involved knew what they were into before they filed.

Settlements don’t have to be sealed. This has always been the church side of things. Daniel could require any settlement be open and public or no settlement and go before a jury. Not wanting a public jury trial the settlement could be more and no gag included.

This case is about abuse, justice for abuse and stopping future abuse. Sort of like in the “Shooter” movie where he states, “I don’t think you understand. They killed my dog!” It is justice not money driving this case.

… I hold to the idea that Daniel can win this one outright, with a jury and all. I have been waiting for a case to be made against the church involving minor rights and the church’s egregious record of neglect and abuse of children.

But I believe the BEST thing about these suits may prove to be the depositions; the church and it’s dirty little secrets can now be opened up like a piece of rotten fruit . Isn’t it ironic that this particular organization is going to have it’s “crimes” and “discreditable” acts laid bare in a court of law!

You don’t have to convince me that the Sea Org abuses children; I’ve seen it first hand. However, the problem is that just demanding a jury trial doesn’t necessarily mean it will go to trial. This is a civil lawsuit asking for money, and if the church is willing to pay the plaintiffs whatever they want, it will never go to trial. The church has deep pockets. Even in a criminal case for a serious crime like rape or murder, it doesn’t go to trial if the defendant pleads guilty (plea bargain). The purpose of the plea bargain is to help stop the courts from becoming congested. Similarly, judges in civil suits like this one like to avoid jury trials since they cost time and money and clog up the court’s schedule. So, in civil lawsuits the judge tries to get both parties to settle in order to avoid a trial. So, we’ll have to wait and see on this one.

This civil case is good in terms of letting the outside world know what really goes on in the Sea Org, and I think it has a lot of teeth, but where are the criminal complaints and police reports in all of this? False imprisonment is a misdemeanor (and can be a felony if force is used). I’d like to see Moxon in handcuffs and do the “perp walk”. Also, there are serious worker’s comp violations (some of which are misdemeanors), and violations of the labor code. I would hope the appropriate agencies have been notified. This, to me, is the more important issue so that no more kids are harmed.

That said, if the “church” decides to fight this one, we’re in for quite a show…

Yes, these suits may settle but they are sure winners. If they do settle, it will be for millions because that’s what juries would award. I used to think that attorneys suing the C of S were unprincipled scoundrels just hoping to make money from a religion that had been wrongly placed in an unpopular light. Perhaps in the distant past that was true. Now that we have learned of the incredible corruption that is rampant in the current organization, under the ill-intentioned guidance of the insane David Miscavige, we can see that
such attorneys as performing a vital public service.

Daniel Montalvo should not have to advance a dime in legal costs and attorney fees because this case is almost certainly being done on a contingency fee basis.

Public church parishioners are completely unaware of the kinds of wrongs and abuses that have been highlighted on this blog. As I did, they believe that Sea Org members are well treated, although they know they work long hours for low pay. They believe they do so from dedication and personal choice, unaware of all the injustice and duress. The public would hardly be able to credit what we have learned about how children are treated in the S.O. They would also be aghast to learn that S.O. women are pressured to have abortions.

I believe the Headley lawsuit will also be an eventual winner. It is not uncommon for U.S. District Court judges to fail to understand complex issues at the District Court level and to wrongly dismiss lawsuits that have actual merit. The Headley lawsuit may arrive eventually at the U.S. Supreme Court because of the interesting and important issues it presents.

Many are those, right now, that are nothing but assholes and elbows at
Co S. Nicely done Daniel, Mr Gossett and all those that helped.

In reality you have simply assigned a condition to those named, including your parents. H. E. & R can be expected. “The counter emotions and reactions which aberated human beings express when they are guided toward survival objectives. They are usually below 2.0 on the Tone Scale.” LRH Def. Notes.

Daniel and Mr. Winter
You both have my respect and admiration for having the courage to take this on. Presenting your case before a jury will blow the lid off the abuse perpetrated on children in the SO. The public will then see the truth found in the books of Marc, Jeff, and Amy and in the continual disclosures of Marty, Mike and hundreds of others. This storm could the Category 6 that we all have been postulating.

I’ve read both suits twice. The first time was fast, as I could not keep myself from reading any slower. Then I went to the phone, called a few people, e-mailed a few reporters and then I re-read both suits slowly, savoring each word like it was legal poetry.
It is a compelling case, rock solid in so many legal ways, but also a red alert to any parents currently in Radical Scientology that have their children in the Sea Org. It’s like OMG, could our kid actually sue us for giving him/her up to the Sea Org?
I would say that this is the most important case filed against Scientology.
Besides the big cherry on the cupcake, where Moxon charged with false imprisonment, the part I liked was the multiple mentions of the responsibility of Mandated Reporters. Church ministers, teachers, law enforcement officers are examples of Mandated Reporters. Their supervisors are also Mandated reporters and ultimately in the CoS, David Miscavige is a Mandated Reporter because he controls the care of minors as well as the elderly.
I hope I made my point clear, when I addressed the Riverside Board of Supervisors on the subject a few months ago. See at around 1:05 in this video:
That’s the purpose of the BoS speeches. Some say they are a waste of time, but I do them so that the county Supervisors will have no choice to act on the matter and if they don’t, they will ultimately face legal repercussions. They have been advised, multiple times.
I wish others would do the same in Los Angeles and Clearwater.

“what’s to stop County prosecutors from turning the charges against him into a criminal complaint?”
That’s what I love about this lawsuit. It screams criminal complaint all over it. The lack of action and possible collusion or interference from the LAPD and Sheriff Lee Baca will make things even more criminal eventually.
It also indicates a lackadaisical attitude on the part agencies that are supposed to monitor children abuse and worker safety. These agencies have been warned for decades and as recently as Dec 19, 2010 in my letter to Cal OSHA about the dangerous worker situation at PAC base.
Keep writing letters to agencies, law enforcement and politicians, it will eventually pan out. Alert the media and for those of you who have the guts, sue the bastards.

Her death was a suicide. Brandon Pearson (then either Dir I&R CMO Gold, and having been in the SO since the pre-teens) found the suicide note on her bed. The note was destroyed and Brandon was banished to PAC RPF with no due process. After graduating the RPF after several years, Brandon was treated like a POS for about 5 more years before routing out.

To think a man like Moxon would defend a Church that caused his daughter to take her own life is truly disgusting.

What a gruesome way for suicide. I wouldn’t pick electrocution as my suicide method. Anything is possible but I doubt that Stacey decided to kill herself by being electrocuted. Isn’t that like burning to death? Aren’t there more gentle ways to get rid of the body?

I agree, but if you’re on the Int Base and suicidal, you’re not in a great place mentally to begin with.

You can also kind of “back into” the fact of her suicide by the crazy policies that were implemented after it.

All you have to do is SAY to ANY auditor (as a Sea Org member) that you had a fleeting THOUGHT about suicide and you will be escorted off the has and routes out of the Sea Org immediately, do not pass go, please collect your 200.00 on the way out, no routing form, no sec check, nada.

I’ve seen it posted on here before, but while I was in the SO, Aaron Poulin at AOLA (in the SO since a minor) blew and committed suicide with a gun. COMPLETELY covered up. No announcement. No BS story. No In Memmorandum. No interrogs. Just “Aaron who? Oh, I’m not sure where he is” That’s what PAC security was told to say.

Marty, it is a well-known fact that Staxy Moxon’s death, though tragic, was a suicide. DM-bot Marion Pouw destroyed the suicide note. If I had evidence (pictures/documentation), I would have published it a long time ago.

WE,
Yes, it’s a giant group engram. As each of us communicates what we see others put pieces together that never made sense. In that way the false data at the bottom of this is exposed to the sunlight and we all bring about an increased understanding of our part, our observation and how this affected our world.

ability 60 early Dec 57 by LRH
Scientology The Philosophy of a New Age

“It takes Truth to live with a swiftly changing world. Nothing less than Truth can Survive. You cannot Survive with anything less than Truth.”

You have spent the time and looked at the truth’s, your experiences, placed these into order and importances (Ability 74 by LRH “In Dianetics the reactive mind was that thinkingness which went on without analytical inspection. … In Scientology it is a large forward step again to find that the reactive mind vanishes before the strong spirit. … The spirit is the source of all creation. You are a spirit.”)

Once you looked at data presented here you did an analytical inspection. You, I and hundreds you follow this blog have gone through this procedure. We reach a point wherein we see our creation in this. Even the creation of the power to control us. The reactive mind vanishes.

Do you now where he is? I believe his dad is Jimmy Pearson, who, along with his mom (Vickie Pearson, long time OSA dudette in DC) joined the SO and went to Gold….Jimmy was a musician, but don’t know if he was ever posted as one. Last I heard, he was out. His brother is Creed Pearson, who had a huge upset at Flag. I well recall Brandon as a young lad running around FCDC…

Marty- Just FYI, Steve Hall wrote about this in January of last year. In his post on Scientology-Cult titled “Going Down in a Hail of Bullets” he wrote:

“Stacy Moxon committed suicide in 2000 after being held captive at Int along with all the rest of us for 2 months. She was brand new, still in her teens (as I recall) and just couldn’t take it. She had just gotten married prior to coming up to the Int base, and had not been allowed to see her new husband. Desparing, she committed suicide Sunday morning June 25, 2000. The crone, Marion “Wichiepoo” Pouw, a real termagant if there every was one, destroyed Stacy’s suicide note per my inside source.”

Yes, you are doing an awesome job there. In the end, I hope this will be damaging for the careers of all politicians that continued and that continue to this day to be complicit in the cover-up of the abuses that occur at Gold base.

Hi AO;
I’m addressing this to you because you have been watching INT base for a while. Remember a few years back, when the body of a woman was found not too far from the base, and was never identified? Do you know if there was any final outcome of that investigation?

The reason I ask is because since then we have learned about the extent of abuse at the base, and at the base there are numerous foreign staff who would of course not have any I.D. on them, and would not have any records DNA, prints, etc., here in the States, so I was wondering, maybe …

A clarification is needed as regards to Daniel having been assigned to’cleaning out grease traps’. This is far too innocuous a description.
The grease traps are passages that run under the Pac Base kitchens that are approx 2ft in height.
These passages are fondly referred to as ‘Rats Alley’ by Pac Base RPFers and are the ultimate punishment detail for errant Sea Org Members.
Rats Alley cleaning detail consists of crawling along the hot, stinking, roach infested passageways on backboards with wheels to deal with pools of stagnant grease from the kitchens above.
I speak from personal experience having been assigned to the infamous place during a stint on the Pac RPF in 1995.

Let my add a “standing O….M…G” to those already posted here. TAKE “EM DOWN.
But Daniel, NEVER sign an agreement to settle with the stipulation that you will shut up about it. That would be like selling your soul.

CISCO KID IS A FRIEND OF MINE!!!!!!!!!!!!!!!!!!!
WOW DANIEL, YOU DA MAN!!!
HAPPY BIRTHDAY!
WHAT A WAY TO CELEBRATE BY SUING THOSE WHO HAVE WRONGED YOU. YOU ARE LIVING UP TO THE SEA ORGANIZATION EMPLOYMENT CONTRACT BY PUTTING ETHICS IN:
ON THE SEA ORG! VERY, VERY WELL DONE!! YOU ARE AN INSPIRATION AND YOUR COURAGE IS FORMIDABLE!
Thank you Marty, Mike, the Jason Beghe Family, Kit, and all the bloggers here, and the others who have teamed up to create a solid foundation for this wonderful and important endeavor; with both moral and financial support. This is a turning point in the tide for the cessation of abuse of Sea Org members, especially the children, They have suffered so needlessly at the hands of those who would exploit them. My son Chase narrowly escaped such a fate. He tried to join the Sea Org when he was tenbut his father refused to let him. Then he did join when he was 17, and got very ill, and was sent home, Thank God! It does my heart so much good to see this justice occurring for Daniel! This just makes my day, y’all!
Oodles and oodles of love, Catherine von Ach

It never ceases to amaze me how Scientologist can justify lies, no responsibillity, and betrayal after trust. It is so slimely that the person who took Dan to the hospital made him lie. What happended to “set a good example”. Oh, that’s right, it is everyone else that is supposed to follows the basics! Then, friggin OSA tells Dan that he is “on his own’ at the police station. Disgusting!! I hope this case opens up a huge can of worms for other kids who are being used as slave labor. The SO under age population is a real achilles heal for the church and they are so stupid to be so lax in sticking to the laws of the land. I hope Dan and Co. really sticks it to the SO and it is well publicized.

Well, I may get shot at for this, but I hope this doesn’t turn into crap where the whole issue is settled out of court and a gag order is enforced, and that’s the end of it, nothing done but money paid and no one knows anything.

For the sake of any outsiders/journalists who may be gathering information on this timely lawsuit, here’s a link to Anonymous’ “Child Abuse Report 2010”.

The report includes many important revelations & links about just how extensive and prevalent the child abuse has become under the current “leadership”, but…keep in mind that Anonymous is also notoriously anti-Scientology and anti-L.Ron Hubard, so it is usually best to strip the Emotion out of their reports and simply consider the raw, extremely damaging facts against the current regime that they present.
Hugs,
John in Austin

Dear Austin John,
I have been wanting to get in touch with you for some time now; if you are who I think you are, then we know each other; and I know your ex-wife very well. Have seen her twice recently, even spoken with her!
Please e-mail me at LadyMinn@hushmail.com. Will keep any communications confidential.
ML, Catherine von Ach (AKA Cathy Von Ach or CVA at the Austin Org.)Let’s get in comm!

Listen up OSA and DM, we stand united hand in hand with Daniel and his team.
In the words of Bob Dylan,

The line it is drawn
The curse it is cast
The slow one now
Will later be fast
As the present now
Will later be past
(Your) order is
Rapidly fadin’.
And the first one now
Will later be last
For the times they are a-changin’

I especially like the request for a jury trial. Imagine jury selection and trying to find 20 people in LA County who are not prejudiced against scientology? Who don’t themselves or their relatives have a young child who they feel should be educated beyond 8th grade? Who are not themselves or know someone who might be a virtual prisoner in a city/country because they have no money, no documentation, no one to turn to?

Unless I don’t know the nature of someone who has demonstrated bravery in face of enormous obstacles — Dan is never going to be willing to settle out of court. It is HIS day in court, on behalf of the …

“tired, the poor, the huddled masses yearning to breathe free, the wretched refuse of dms camps, send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!” (slight liberty to the famous poem:
The New Colossus – Emma Lazarus)

Kit Winter will become immortalized as THE legal mind that brought down the monstrous corporation known as dms regime.

And Dan will have gone from a young man, tossed about to a stellar example of what CAN be done with ones life – regardless of the circumstances – when one stands in his own skin, supported by true friends and speaks out against abuse.

Wow! just wow!! I am reminded of the bible quote regarding that a “child shall lead them”. All those lions and lambs all laying down together seems like the current crew of Indies, Exs, Wogs and Anons are collaborating together to gather the necessary evidence to finally make something stick to this Hydra of an Organization led by the little tyrant DM.
Daniel I wish you all the best and foremost justice for all you have lost and been made to suffer at the hands of this corrupt organization. I do not call it a church as it has no right to call itself by that name. You cannot get back your lost childhood but you have every right to expect a better future for yourself and I am glad you have Jason and his family to provide you with a safe harbor in this coming storm.
Stay the course. The path may be filled with peril but the reward at the end for you and those that are sure to follow you is priceless.
❤ Mits

Happy Birthday Daniel and good job on standing up to the bullies in the C of S. Hopefully this kind of abuse that is happening right now to other children in the Sea Org will stop.

There are also minor children being made to work beyond the hours the law allows in Class V orgs. Children are encouraged to drop out of high school and join staff, just as I was when I was 15. If the C of S can keep their workers uneducated they can control them, as is the practice in human trafficking.

“Back in the day” we had part time staff on standard contracts. These were minors and they could only work after school. At no time did their post interfere with school. If school became an issue, the minor could/would CSW for time off post and make up post time on the weekend. I realize this would be a different situation for the SO due to the nature of the commitment. However, a good solution to minors who wished to work in an SO org might have been having them work in a non-SO org on a part time contract until they finished their education.

“Back in the day” you would have been required to finish school while — if you wished — working a part time schedule in the org. At such time as you had finished school, you could then have contracted as full time staff.

Happy Birthday Daniel and thanks for carrying on! When I was in the SO I was really in wonder WHY children were so much deprived of MEST and Theta. It was really very bad for me. I couldn’t understand where ALL the money would go if not to creating some nice environ for children. It wouldn’t take much. Well the answer is, no one cared for children especially Management. They were too low on the org board. Wrong! You now stand for any such child in the Sea Org. And we are with you because you are a representative of each such child. Well done and carry on. We are here with you!!!

This pulls on the heartstrings and misses withholds galore. The collateral damage there’s been with the kids, the sick and the elderly as “greatest good for greatest number” is about to rise like the phoenix. It’s my hope that this purges the church so they learn from the top down that you can’t violate LRH tech and policy forever and get away with it – the motivators will come sooner or later and it looks like the judgement day has arrived.

The heat in this local area has picked up tremendously and this new article explains the timing of the activities around here. KR campaigns have been stirred up to a boil in the cauldron and as done in nazi germany (doesn’t deserve capital letters) the kool-aid drinkers have been rounded up it seems to turn in all their friends and family for any utterances they heard that question what’s going on in the church. Won’t go into details for the sake of so many involved but trust me they’re scrambling like stuck pigs to find out as much as they can and to cause as much fear to spread by word of mouth as they can right now.

Many of us are laughing our asses off at the predictable behavior we’re seeing here in town; the manner which THE dumb, the dumbers and the dumbed down are just continuing to apply anti-scientology.

Daniel, this cannot be easy on some or many levels for you. On the other hand it must be absolutely wonderful to know that you’re not crazy and that you have a whole community of people who have a viewpoint that supports what must be done.

I’m sure you’re prepared for the onslaught and character assassination that will come. Some truths mixed with lies might cut deeply. Lean on your friends, talk to them and stay extroverted son. The opportunity to shine the light on the dirty little secrets within the church is huge! Thank you for taking this chance to do so.

I have noted a number of comments speculating on strategies and potential outcomes. I think people should know that this case is Daniel Montalvo’s. His lawyer is a consumate, ethical professional. He is representing Daniel and ONLY Daniel. I am confident that he will do everything in his power to make his client whole ensuring he has the best chance possible for living a productive, fullfilling life. That is his obligation, no other. Whatever path this case takes the fact of it being brought, and hopefully the fact of it resulting in a wrong being justly remedied, will serve as benefit to the public at large and others similarly situated. Anything beyond that is of no concern to me. I would hope others will grant Daniel and his counsel that space and power of choice.

Yes!!! Plus, the tighter it is tailored around Daniel’s individual needs, the better it can serve as a precedent for others.
I very much enjoy this clear-cut tightness. And the respective blog comments already prove this “Haute Couture” in its potential for
“Prêt-à-porter”…. my goodness.
Bravissimo, Daniel and Mr. Winter!
Fidelio

True. Any outcome that corrects the wrong done to Daniel will have benefits to all in similar circumstances, even if we don’t see them directly. The external PR alone will go a long way in exposing the wrongs in the current “church”.

I can add a little insight into some of the labor law violations that I witnessed while working in the Sea Org:

I have witnessed children being assigned to the Rehabilitation Project Force (RPF) and working as slave labor, having no bed other than a 2 inch thick piece of foam with which to sleep on in the parking garage, on the floor, etc. The youngist I remember was a 14 year old girl named Trisha Conley who is by the way, related to the Australian celebrity, Kate Ceberano. I can tell you how many times a week she went to school while in the RPF – NONE.

When I worked at the FSO in Clearwater we had children working the same schedule as the adults. We were briefed by OSA (Office of Special Affairs) that the children were not to walk between buildings at night so they weren’t questioned by police.

When I was the Treasury Sec FSO (for 7 years) we had a list of staff who were illegaly in the country and could not be paid. Without any money these staff members had no way to even buy basics like toothpaste, soap, socks, underwear, etc. To handle this, the basic items left behind by public in the hotels were made available to these staff. As well, there was a collection taken up each pay day where staff could give a little money that would be given to the “illegals” in their division. In my division (Treasury) we each gave a dollar which provided the Mexican girl in our division about $12 a week.

Hey, when you are “saving the planet”, the end justifies the means. Also in the viewpoint of the Sea Org there are no “children”, there are thetans (who have been around for billions of years) in younger bodies…..

“The youngist I remember was a 14 year old girl named Trisha Conley who is by the way, related to the Australian celebrity, Kate Ceberano. I can tell you how many times a week she went to school while in the RPF – NONE.”

Matt, I knew her in LA and took her in as she had no place to stay. She is and was a lovely girl…. Her parents should be ashamed of themselves for allowing her to be treated like that in the s.o. and her mother was a “messenger” at the time. I personally know that her father tried very hard to see that she was okay, but had such long post hours he could not look after her either.

Jim and Kay Conley should be ashamed of themselves. I knew Jim very well and he had a big heart and a sense of responsibility. The Weinbergs had a similar situation. One of their daughters got sent to ANZO – Tamara. Their two kids were raised in the SO, and never saw their parents on a regular basis. Months would go by, and if Rena’s stats weren’t up screw the kids.

I just thought of something else that might be of interest. When I was in the FSO we would buy child labor from the Cadet Organization. Low level labor would be needed for such things as stuffing promotion into envelopes to be mailed out or filing papers into Central Files (CF). Cadet labor (children usually 7 to 11 years old) cost the FSO a set rate per hour.
If you wanted 10 childred to work for 4 hours than you needed to get a Purchase Order (PO) approved for that amount. It was called a Cadet Mission. Many times I was sent out to the Quality Inn (QI), where the children lived and had their own organization called the Cadet Org, to pick up the children for the work detail. If one of the kids did not work well the FSO staff member who they were working for could report it and ask that the kid not be sent the next time. That child would then be disciplined within the Cadet Org. The Cadet Org took these work details seriously as it provided them with money they needed for school supplies, cleaning supplies, etc.
So the fact is that child labor is a sold commodity within the Sea Org itself.

“What was happening with the children in the SO was one of the things that really bothered me about the Cof$, I then formed a Gung-Ho group of auditors to help the children and their nannies but I was accused of forming a ‘splinter gorup’ by a Class VIII, her name escapes me right now and so I was sent to Ethics for that. They duly informed me that the management was taking care and that conditions were going to change.

I then, encouraged any SO member who had a child to leave staff…one of them was Karen Hamilton Huber whose children were being taken care by her parents. I also did A LOT of leaving the org confessionals for SO members, specially if they had children. Many times I was ordered by the C/S to ‘handle’ the PC so that he/she stayed…but I would hear none of it and there was nothing they could since I was not in the SO and I was a public auditing the staff for free for the orgs. I was a funny character, I would audit the staff for free at the orgs but I would not the celebrities at CCI…LOL!

The little midgets biggest concern is not the maltreatment of the children or that the clearing of the planet will be impeded, but that he may have to give up some the vast luxuries he’s accumulated; designer clothing, make-up artist, personal chef, personal trainer, house cleaner, chauffer, luxury cars and motorcycles, luxury home in Hollywood, luxury 70 million dollar office building, luxury vacations on “his” ship and TC’s mansion in the mountains, 6 figure salary (who cares that slave labor is being paid $35/wk) etc., can anyone add to the list?

Seeking Justice is wonderful!
More power to everyone involved in this very worthwhile legal effort.

I want to encourage everyone who knows of a minor “working” as a “volunteer” in a COS Org, Mission or business, or one who has signed a SO contract, or been dumped in a SCI school that the SO recruits from, to contact Child Protective Services for the county in which the minor resides, and make a report. You may do so anonymously. You need not be related to the minor.

If anyone knows of any physical abuse or neglect, or denial of appropriate medical/dental/ care of a minor, or denial of legally mandated education, please call CPS and make a report! You do not need to contact law enforcement yourself directly, but you may do that as well. With CPS, your report will be kept confidential, BY LAW.

If any minors are reading this who are being negatively affected by your or your parents or guardians involvement in COS, and recognize or suspect that they are being victimized or neglected in any way, please call CPS (Child Protective Services) and report it yourself! You can not only improve your own conditions, but could also be helping to save someone else in your group from harm. You can always dial 211 (for helpful information about social services) if you don’t know where else to start or who to talk to. Look in directory assistance for the Department of Social Services for the county you are in. Many helpful people will do what they can to help assist you. We care about you and want you to live a great life as a free being, and to flourish and prosper!

On the other end of the spectrum, if anyone knows of a senior citizen likewise being misused, abused or neglected by COS in SO or elsewhere, PLEASE report it to Adult Protective Services for the County where they reside. Your report will be kept confidential by law. You need not be related to the person in either instance, with minors or seniors. This will open an investigation, possible wellness check, and hopefully open a case file and assign them a social worker caseworker to follow through. Even if these actions are not taken, it starts a paper trail of complaints which may add up over time to action taken to put ethics in on COS by the authorities. If you don’t know where to start, just dial 211.

Don’t just agonize over any information you might have about how someone is suffering. Do some good with your knowledge!

Mostly I’d like to say HAPPY BIRTHDAY Daniel! I wish you all the best, everything good in life, and great happiness! Please concentrate on getting a good education, you have many friends, supporters and well-wishers who will stand with you as your “family”!

The journey of this lawsuit may be challenging at times, but it is SO the right thing to do! I’m so very proud of you! Big Birthday hugs to you!

(Big hugs to Jason B and his family~ work is love made visible! I can see you are working to redeem the harm that Corporate Scientology has done to families. Thank you!)

Have you posted this on Ex-Scientology Kids website? So many ex-SO kids communicate and follow that website. and there may be some good resources through it. My daughter was told that if she did not sign an SO contract that I would be RPF’d. And if she didn’t join, she was to move out immediately and find her own way. She was told this by a DM drone. Then she was told to NEVER tell me about this. She was 15. I was surprised she “suddenly” wanted to join. I couldn’t refute it as I was also in the SO. She eventually routed out and finally told me after we were both out. Can you imagine how horrible it was to carry that around with you for those years. It drove a deep wedge in our relationship. Daniel, my heart goes out to you. I know how hurtful it is to have to sue your own parents, but you give a voice to so many children who were silenced and suffered silently, and continue to do so after they have left. And you will see how strong that voice is. There are so many ex- SO kids trying to mend their lives and build it, who like you, have had little education and connection to life outside the confines of Scientology and now have to overcome their mental, emotional and “handling life” disabilities in order to function as productive citizens. . Kit Winter and Jason, Mike and Marty – God bless you for caring for the children. Daniel, you are a brave, strong, good person. Don’t let anyone tell you otherwise. Happy Birthday.

Yes, FreeSpirit, I have shared this information on Ex Scientology Kids site in the past, especially with individuals who were seeking help. Now is a great time to share some practical helpful information there again, as possibly many more Newbies will lurk or join as a result of publicity in Daniel’s case. Thank you for the suggestion!

Hey, Sweetness,
When my son was fourteen the Personnel Procurement Officer at the Seattle Org had a daughter about fifteen working at the org. She was a pretty one, too. And they sort of “dangled” her in front of my son. The implication was, “If you join staff, you can date this girl.”

One day I picked him up from his class there and he said they were really pushing on him to join staff. He had the signed contract and all it needed was my signature.

I looked at him and said, “Is this really what you want to do? If you don’t want to do it, I won’t sign.”

He said, “Mom, help me! I don’t want to do it!”

So I just stood up for him and said no. That was before the days when they threatened you for upholding your parental responsibilities.

Pretty soon that cute girl just disappeared from the scene. The rumor was that she was pregnant. I always wondered if their plans had included duping a fourteen-year-old into marriage with a girl who needed a husband quick.

Lynne, I’m so glad you stood up for your son, and that you both had such a good relationship that he was able to freely communicate the truth about his feelings to you, in spite of tremendous pressure from his group to just go along. He had already signed! Bless his heart, “help me, Mom”… How many Cadet Org and SO kids wanted to say that but didn’t have physical access to their parents or unsupervised comm lines? Great job to you both on avoiding being bullied into joining the SO!

I know of other parents who got their kids out early on when conditions were obviously not as they were promised to be for the kids when they signed up, or like you, who just ran interference with keeping their kids out, even if there were repercussions. Some of these events are what caused them to leave the church. I also know parents who bitterly regret they they did NOT keep their kids from joining SO as minors, or even young adults. Most of these were SO members themselves, or staff members.

If anyone reading here has a minor child on staff or in the SO, or working anywhere in Corporate Scientology and any of it’s tentacles, please get into com with them in private and make sure they are all right. Don’t take anybody else’s word on their status and well-being. Speak with them directly and stay in touch, keep checking on them over time!
If COS management is cutting your comm lines to your child, get the authorities involved.

I think compensation must be made to everyone who joined SO as a minor, and suffered somehow because of it, especially assistance in getting an education or being trained for a trade, or given a stake to set up their own business, etc., depending on individual needs and abilities, or money towards retirement savings that they might have earned if working in the business world. Class action lawsuit?

As far as reform goes, an immediate action that COS management can and SHOULD take is to change the minimum age for staff and SO everywhere in the world to 21. They won’t do it, but in the long run, it is the move that protects them (and the rest of us) the most. Greatest good, guys! Route out everyone younger and send them back to their parents and school! Mission Holders and heads of Scientology businesses, take note! Act on your own determinism and do the legal and right thing on behalf of the minors and young people under your supervision. Ignorance of the law is no excuse.

You said:
“Greatest good, guys! Route out everyone younger and send them back to their parents and school!”

I agree that the practice needs to stop, and should never have been allowed in the first place, however, I think maybe this needs to be thought out a little more in order to make it the “greatest Good”.

I would infer from Scientology Inc.s past record that they would be stupid and uncaring enough to simply throw these kids out on the street with little or nothing.
If the parents or other Family “terminals ” are still in In Scn. Inc. then these kids would be homeless and possibly not even in the country of their birth. With no support organization, family or anything. They would be at the “mercy” of the “system”, or worse.

I am sure there would be some here who would be quick to step up and take some of these kids in, but that still would not be the “optimum solution” in my books.
I feel that the Scientology organizations that have taken advantage of these children are, and should be held, financially and morally responsible to see that these children are compensated properly. I think these kids ultimately need the opportunity to “get their lives back”. Those who profited by their loss, and those who failed in their responsibilities, need to be held accountable.

The “church of scientology” need to get it’s ethics in and do the right thing for all concerned. That we know they won’t, unless forced by law, or public outcry, simply demonstrates how for away from “humanity” Scientology Inc. has strayed.

On Tuesday March 8, 2011, I will be addressing the Los Angeles County Board of Supervisors to inform them about Scientology’s use Child Labor and Worker Safety issues in LA County.
It’s definitely worth taking a trip from Riverside and I hope others will join me.
Please provide me specific issues to bring up during the three-minute speech. I will also be able to submit paperwork to all five supervisors, if there’s not enough time to explain all the details.
You can respond here or if your info is super secret, email me at: riverside.leaks@gmail.com
Riverside County specific issues are are also welcome for future use.

A former Gold staff member who had a similar case to Daniel’s. And his lawyer filed the suit one day late! The staff member blew on Thanksgiving and his lawyer did not realize that the calendar date of Thanksgiving changes every year, so he filed the suit one day before Thanksgiving last year and ooops! it was one day after the statute of limitations ran out.

Under CA law there are circumstances which justify a delay in the Statute of Limiation and I do believe they apply in the case of a minor, and especially in the case of a Sea org member who lived all his life under the brainwashing regime of DM:

There are times when it wouldn’t be fair to use a harsh application of the statute of limitations and the time when it begins to run should be delayed or stopped from running. For example, if a victim was a minor or disabled at the time an injury occurred, that person would not be able to bring a case and should not be punished for being unable to do so. Typical reasons include minority, mental incompetence, bankruptcy and other specific instances. Using minority as an example, if the statute of limitations was 3 years, once the minor became an adult under state law, this new adult would have 3 years to bring a case or it will expire.

Barry has no office of his own and few support staff is any, to my knowledge, so he is ill equipped for a fight like this. I would also strongly recommend that you ask Daniel’s attorney to review John’s case.

My attorney might also be willing to take a look at it. If you’d like him to do so then please email me at: friendofron@hushmail.com

Daniel: Thank you for having the courage to stand up and fight for your rights. No matter what happens from here on out, you are no longer anyone’s victim. Get your education, take your strength and go flourish and prosper.

Mr. Winter: Thank you for taking on Daniel’s fight and for giving it some serious teeth.

Marty, Mike, Jason and every one else who is helping Daniel: Thank you for supporting his fight and thank you for making all of this known to the rest of us. I, for one, am really glad to be out of COS and to be among people who can and will communicate.

And last, I read this somewhere on an unrelated blog and it’s not written by LRH, but I think he might agree:
“Fortunately, truth is more powerful than money.”

Is there any chance that the court says that whatever happened to Daniel was the responsibility of this parents and parents alone? Hope that will not happen but the California Courts make me think twice.

I doubt it as his employers still violated child labor laws. If a 16 year old working at a printing house (outside of the S.O.) was allowed to illegally operate heavy machinery and got hurt, his parents wouldn’t be held responsible whether they were in the picture or not. Bridge and the S.O violated specific child labor laws and need to be held accountable.

Interesting angle but probably not. Even if his parents *were* responsible for him and what happened to him in the Sea Org – California law has no provisions for minors doing that kind of work. So, if his parents really knew, they should have got him and left WITH him and reported he was being treated that way to the authorities. In a case like this even ignorance is no excuse for irresponsibility because his parents need to know that in California employing children improperly can have consequences.

So, in other words if the law says, and in this case the law does that the Church of Scientology’s use of Daniel Montalvo was illegal, what do you suppose would be the effect on his parents for them to say “Well we saw him working like that but we didn’t see anything wrong it”.

The church is very, very, likely screwed in this particular lawsuit, which may set a precendent for future victories.

This is such fine news! Actually, I just came across The New Yorker article a week ago by chance and then this blog, which I have read most all of. I have become obsessed with the unbelievable criminal and abusive conduct. I am so very impressed with each and every one of you that have had the courage to stand up and be counted to vigorously expose the truth. Marty, you are the real deal and this blog is concrete evidence of this, as are the video interviews of you and others that have relentlessly spoken up.
Daniel surely is the Cisco kid and quite a man! I do believe that the legal suits filed have positioned him very strongly to be successful.
The CA Labor Commissioner has for several years now declared child labor law enforcement a high priority. The Labor Commissioner (who heads the DLSE) enforces state laws protecting minors. School district attendance officers are authorized to also investigate and report to the Labor Commissioner on violations of work permit requirements. The Wage and Hour Division of the U.S. Department of Labor is responsible for enforcing federal child labor provisions. As a practical matter, state and federal officials now cooperate in enforcing essentially the same set of standards.

State fines for “Class B violations,” infractions of work permit or hours requirements, have increased from the former $100-$500 range to the federal level of $500 minimum and $1,000 maximum per occurrence.

More serious “Class A violations” include employing a minor under 16 in a dangerous occupation, acting unlawfully so as to present an imminent danger to a minor of any age, and violating the permit or hours requirements for a third time or more. The minimum civil money penalty for these offenses has been raised from $1,000 to $5,000, the maximum from $5,000 to $10,000 per occurrence. Willful violations of this type may also be grounds for imprisonment

Work Permits are a big deal. Before starting work in California, a minor has to obtain an employer-specific work permit, renewable annually. A work permit shows name of minor, social security number, birth date, address, phone number, current school attended, allowable work hours per day and per week during the school term, and expiration date. The permit is issued by the school district in which the minor resides or is enrolled, after the district receives a parent or legal guardian’s written request, evidence of the minor’s age, and a prospective employer’s statement of intent to hire. It is revocable if the work is harming the child’s health or schooling.

They cover citizens and noncitizens alike that have not graduated from high school or earned equivalency certificate. It is illegal to employ minors without a valid work permit issued by the local school district or for more hours than permitted, or in dangerous jobs.

During the school year, minors aged 16 to 17 generally are limited to 4 hours of work on a school day, 8 hours on a nonschool day, from 5 a.m. to 10 p.m. (or until 12:30 a.m. on a nonschool.day). When school is out, the limits are 8 hours per day and 48 per week

Minors 14 to 15 years of age may work up to 3 hours on a school day, 8 hours on a nonschool day, and 18 hours in a week, between 7 a.m. and 7 p.m. when school is in session, until 9 p.m. from June 1st through Labor Day, and as many as 40 hours per week when school is out.

Minors aged 12 to 13 may work only on nonschool days, up to 8 hours per day, and 40 hours per week. It is unlawful to employ minors under age 12.
Even during permitted hours, some jobs are out of bounds for minors. California prohibitions now include by reference all the occupations declared in federal regulations as hazardous for minors or detrimental to their health or well-being

The federal rules generally ban employment of minors in work with dangerous machinery, with hazardous substances, or in dangerous work settings. California rules also prohibit minors under age 16 from servicing machinery, working in close proximity to moving machinery.

The previous comments about CAL-OSHA are totally accurate and their fines are astronomical for this type of blatant and flagrant disregard for for a child’s safety and welfare – and then to lie about it and not report! These are evil people IMO and I will NEVER understand how the IRS could have capitulated and granted tax exemption to this grifting cult.

NancyB, Great information. I wish I had this when I was in the SO so that as a parent I could have made a better effort to enforce these regulations and try to protect my own child. SO parents MUST arm themselves with knowledge so they can protect their children. I would imagine that regulatory agencies would not need to wait for the final outcome of this case. They can and should step up independent action NOW to regulate and monitor the care of minors and at least prevent any further abuse. They could, just by constant and unrelenting inspections, force the SO to not recruit anyone until they were 18 or above.

Here’s another recent release. Take a look at the positioning the Church is getting now on this site. Farrakhan praises Hubbard and Gadhafi in same the speech. This will have the public “rolling in the isles” with the belittling of Scientology and Hubbard?! With friends like this (Farrakhan), is it any wonder the direction the Dm is taking the Church is down, down, down…..>
But it makes sense with what we know of Dm. Dm +Gadhafi? Birds of a feather.http://dailycaller.com/2011/02/28/louis-farrakhan-praises-gadhafi-hubbard-in-chicago/

From past experience, undoubtedly a whole “evolution” is now starting in the SO bases to get all the underage kids off post and in school and to make sure the parents don’t appear to be aloof about their kids well-being. Severe r-factors will be dished out warning all concerned to not reveal the long hours these kids have been working and the few hours they have been schooled. In other words, the bases will be gotten ready for inspections and even raids.

ExIntStaff
Yes I assume you are pretty accurate with that. Thing is that any “cover up evolution” also becomes suspect or criminal. Hopefully conditions will improve, they certainly need to according to several reports I have read.

I personally suspect that David Miscavige will simply try and continue to suppress and bully his way through all this. If I read him correctly he will in no way be able to see, much less admit, any fault. It is not a luxury Suppressive Persons have. The path he has gone down, the Hell that he has created for himself, will take more understanding and confront to “handle” than he is capable of at this time. He will likely assert his “rightness” until he dies, and perhaps, beyond.
Despite DM’s apparent “wealth” and “power”, you are looking at someone who is totally wretched and in constant torment. It is a hell I would not permanently wish on anyone. It is a hell devoid of Theta.

Daniel I am so very PROUD of you for speaking out and keeping your Personal Integrity IN!! It takes a lot of COURAGE and I thank you for that.
I’m on your side All the way!!!
This case looks like a Win Win for Daniel. CO$ get ready “JUSTICE IS COMNG” and your going DOWN!!!!!

I ask for just an update on Daniel’s criminal case and instead I get this. Wow. ( For the record I’ll note one of the articles mentioned simply that no charges have been filed against Daniel over the drives.)

This lawsuit is brilliant in all the obvious ways. The question, as always, is whether the allegations made in the civil suit will lead to anything criminal. My bet is the COS tries like mad to settle this one — but it may make no difference. I think they are in real trouble.

I agree, Brendon. I believe this is a state issue on top of the civil proceedings. If the state acts against one single employer in this sort of a situation, and fails to act against the church for the same violation, it would be a blatant show of prejudice on the part of the state. I don’t see how they could afford to let it go and not act.

Looking this over, considering the suit is on the mis-treatment of children more or less, it makes sense that when DM collapsed the 2D that sooner or later the whole thing would go down that chute. And down it goes indeed.

Just between you and me, Just Me, I chuckled for a while at #18. But then again, I’m kinda whacked. Or in Sheen-language, I’ve got Tigers Blood, Adonis DNA, I’m a Rock-Star From Mars. I’m Zeus in a Speedo. No one else could process my brain, if they tried their faces would melt off and their children would weep over their exploded bodies.

“HUBBARD COMMUNICATION OFFICE
Saint Hill Manor, East Grinstead, Sussex
HCO POLICY LETTER OFF II AUGUST 1967-Issue I
From HCO Division 1, page 780
Remimeo
BPI
SECOND DYNAMIC RULES
It has never been any part of my plans to regulate or attempt to regulate the private lives of individuals.

Whenever this has occurred, it has not resulted in any improved condition.

All I has been interested in, so far as Scientology law was concerned, was in removing retarding elements or practices from the path of progress toward freedom.

Man is aberrated. Otherwise we would not be here. He is hard to rescue as he has been carefully “trained” to do himself harm.

I have no concern about the second dynamic activities of Scientologists save only where they bring suffering to others and so impede our forward progress.

Therefore: ALL FORMER RULLES, REGULATIONS AND POLICIES RELATING TO THE SECOND DYNAMIC ACTIVITIES OF STUDENTS, PRE CLEARS, STAFF ND SCIENTOLOGISTS ARE CANCELLED.

In their places, any husband, wife or individual whose processing or training has been impeded or interrupted beyond any reasonable doubt by second dynamic activities on the part of staff or associates or their husband or wife may have recourse to the CHAPLAINS’S COURT, Division 6, of any Scientology organization, and any case heard. If it be proven beyond reasonable doubt that, without provocation, a person’s training or processing has been impeded by the irregular second dynamic actions of the defendant, a fine of not less than 1000 (English sterling pound) or greater than 5000 (English sterling pound) shall be awarded the plaintiff, and until paid, the defendant shall have no further training or processing.

This policy is not retroactive (occurrences before this date may not be tried).

No Ethics Order shall be issued by reason of second dynamic activities. All Ethics Orders now in force relating to the second dynamics are cancelled.

No staff member may be punished, transferred or dismissed because of second dynamic activities.

No student or preclear may be suspended or dismissed because of second dynamic activities.

Nothing in this policy letter lays aside our actual knowledge of the consequences of second dynamic overts against husbands and wives being processed or the degree to which training or processing can be impeded for someone because of another’s acts.

We are also aware that those or staffs which are overactive on the second dynamics seldom prosper.

We also retain any and all technology relating to the second dynamic.
__________________
One of man’s primary areas of aberration is the second dynamic.
Processing, not discipline, is the only thing which eradicates abberration of such depth.
L.RON HUBBARD
FOUNDER”

Probably the same reason they helped to cover up the murder of the original king of rap, Biggie Smalls. The LAPD was involved in setting the guy up and the LA Times went way overboard covering the LAPD’s ass – read all about in Rolling Stone (you can google it, I think the article is a couple years old).

Tom, Thanks. And thanks for tipping me off on that article in the first place. Obviously I read every word and never got back to you. I have a lot of experience with LAPD and the corrupt Rampart division in particular – so most of it rang very true to me.

I just finished reading the article about the unsolved murder of Notorious B.I.G. Thanks, Marty (and Tom, you too) for the referral to this seamy, evil story of crime, police corruption and governmental collusion. “Chinatown” is alive and flourishing in the City of Angels. I am left with one major thought: Corruption starts and ends at the top of any organization or community. The very top. Just as with the Co$.

See my response to Just Me’s similar comment. Also they’ve been a useless corporate cover up artist ever since Editor Dean Baquette stood up the Tribune co. who laid off all their investitative reporters, and was then fired for doing so.

Nothing could make my day any better than these news.
Thanks infinitely to all involved in that legal art work. This is rich. This is huge. This is ……tick tock with accelerated jets behind.
I am very happy.
Fidelio

OMG! On the Daniel v. BPI, the Church is TOAST. I’m very familiar with this area of CA law. Jury trial with those facts means Daniel is going to be financially set for quite a while.

Daniel v. CSI; what a great case. Daniel being a minor during the time of those accusations means it will bypass a lot of the religious court rulings where employment law has been nullified for adults in the S.O.

I’ll attempt to summarize the relevant law implicated by the Daniel Montalvo complaint. Though the complaint itself is rather straightforward, an array of defendants with different roles and relationships to Daniel complicates it only slightly. Briefly put, there are two main prongs to Daniel’s complaint: (1) Breach of Fiduciary Duty against both Daniel’s parents and CSI & the Sea Org; and (2) common law Negligence against Daniel’s parents and CSI & the Sea Org. These two claims are very closely related.

A fiduciary is a person who is in a trust relationship with another (the principal), and owes the principal the highest duty of care—they need to look out for their interests as if those interests were their own. Though most often arising in financial contexts (think partnerships and trustees), it is nevertheless true that parents and guardians are fiduciaries to their respective children. And though this legal truism is mostly a stranger to civil law (parental neglect is usually addressed by state agencies and criminal penalties), it is nevertheless uncontroversial that parents and guardians owe their children the highest duty of care as fiduciaries.

To successfully claim Breach of Fiduciary Duty, the plaintiff must show (1) that a fiduciary relationship existed; (2) a breach occurred; and (3) an injury was sustained.

Daniel’s claim against his parents is basically that they surrendered custody of him to the Sea Org and either knew or should have known that the Sea Org would have violated laws enacted to protect Daniel, that Daniel was being required to work in violation of those laws, and was being denied an education.

The parents’ defense? Well, they can’t argue that a fiduciary relationship didn’t exist unless they’re prepared to argue that they’re not actually his parents. They might argue that there was no breach—that they had neither notice nor reason to believe that the Sea Org would abuse Daniel. But a parent’s duty to a child is not waivable, and because the abuse occurred over such a long period of time, this isn’t an instance where the assignment of guardianship to a, say, babysitter over the course of a weekend, is excusable. So the parents will probably align their interests with the Scientology defendants, whose defense I’ll get to in a moment. Finally, the parents could argue that there was no breach because Daniel suffered no injury. The no harm no foul defense likely fails for a host of reasons. Besides missing a finger, Daniel has not graduated from high school and was ‘employed’ in violation of various laws.

The Sea Org & CSI are also charged with Breach of Fiduciary Duty, but the analysis differs from the claim against the parents insofar as the Scientology defendants had assumed guardianship; the breach allegations therefore fall squarely on them. Specifically, the complaint alleges that Scientology breached its duty as guardian to properly educate by placing him in a full-time school; to provide appropriate medical and dental care; by employing Daniel in violation of California labor laws [specifically Cal. Penal Code § 11165.2]; by endangering his welfare in violation of Cal. Penal Code § 11165.3; and otherwise exploiting and neglecting Daniel.

The Scientology defendants defense? It’ll be difficult for them to argue that they owed no fiduciary duty unless they’re prepared to argue that the parents had not surrendered custody of Daniel to them. It probably wouldn’t be difficult for Daniel’s attorney to demonstrate that Daniel and his parents were in different locations for large periods of time, and so if CSI and/or the Sea Org hadn’t assumed guardianship, then who? You can perhaps start to see why Scientology’s and Daniel’s interests are in conflict with respect to this litigation; I’d be surprised if they’re represented by the same attorneys.

If Scientology claims they have not breached they’ll have to argue that Daniel is simply lying—in other words, he did get a proper education, he did receive proper medical and dental care, he wasn’t employed in violation of California’s labor laws, and they hadn’t endangered his welfare. It’ll all come down to evidence, probably mostly competing affidavits.

Regarding evidence, it’s worth noting that while the burden is upon the plaintiff to prove his prima facie case, that burden is especially low here due to the nature of the claim—since he was in their care, the burden accordingly shifts to the fiduciary to show that Daniel was attending school, wasn’t performing work he shouldn’t have been performing, and did receive adequate medical and dental care. Scientology will be unable to argue for dismissal based on Daniel’s lacks of documentation supporting his claims because it’s upon the parent/guardian fiduciary to retain such documentation.

Whether Daniel suffered an injury as a result of the breach would be analyzed no differently as in the claim against the parents.

The various defendants have all been accused of common law Negligence, though the factual questions relating to each depend on the particular defendant, each who interacted with Daniel at different junctures and are accordingly liable to different degrees. The elements of Negligence are very similar to Breach of Fiduciary Duty, except that no special relationship between the injurer and injured need be established. The complaint lists negligence as an alternative cause of action to the Breach of Fiduciary Duty cause of action.

Negligence occurs when a duty to care arises and the actor fails to exercise a reasonable standard of care, resulting in an actual injury. It’s further necessary to establish causation between the failure to act and the injury.

All of the named defendants owed a duty of care to Daniel in one way or the other—CSI, the Sea Org, his parents, Canyon Oaks Ranch School (along with headmaster Jessie Reiss and teacher Shannon Barnes), and any other “mandated reporter” pursuant to California law [named as John Does in the suit]. Establishing the appropriate standard of care would be a question of the nature of the particular relationship between Daniel and each defendant. Since there were multiple defendants responsible for Daniel’s care at any given point in time, it may be in the interest of each defendant to blame the other. Even CSI and the Sea Org may be in conflict. All of Daniel’s injuries, save the finger loss, accumulated over enough time that it would require significant discovery to establish just who amongst the defendants was responsible for Daniel in percentage terms. This, Scientology doesn’t want.

Proving Negligence also requires the plaintiff to establish causation; that the various defendants’ failure to exercise the appropriate standard of care caused Daniel’s injuries. It will be necessary to establish that he lacks an education, that he lacked proper medical and dental care, and that he performed work that defendants should not have allowed him to. Just as with Breach of Fiduciary Duty, the defendants naturally possess or possessed what constitutes evidence that Daniel was properly raised. Their failure to produce credible documentation would tend to show causation, to my mind.

The Negligence cause of action against Bridge Publications (in a separate complaint) pertains solely to the finger loss and is mostly self explanatory, so I won’t bother going deeply into it. Daniel was an employee of Bridge and lost his finger while in their employ on a machine he alleges he wasn’t properly trained to use, had explicitly requested he not have to use, and was not permitted by California law to use. He claims Bridge declined to pay his medical bills, failed to compensate him for the lost finger, and failed to advise Daniel of his right to Worker’s Compensation, and failed to secure Worker’s Compensation insurance. Bridge should be the first defendant to settle, in my opinion since their liability seems the most calculable.

Overall, I would expect that with regard to the core allegations, Daniel’s attorney has sought out and procured the affidavits of people who knew Daniel during the time the injuries took place. I’m trying not to guess how Scientology will defend the suit, but it’s not difficult to imagine competing affidavits from current members calling Daniel a liar. Again though, because of the nature of the claim, it’s going to be the ‘ordinary course of business’ documentation that Scientology will or won’t (I’ll guess won’t) be able to produce that this case will hinge on.

I’ll try to talk about the False Imprisonment cause of action against Moxon in a separate post since it strays far afield from the core allegations.”

Methinks a lot of Sea Org personnel are going to be “thrown under the bus” on this one, in order to save David Miscavige’s butt. They will either “take a dive”, or be “declared Suppressive” because they didn’t “protect the church/ David Miscavige. If they are “declared” then they will no longer be under the churches “protection and ethics codes”, and will be open to Micsavige’s continuing tactic of “fair game”, and thus be open to any and all forms of harassment and even illegal actions against them by the church.

I was involved with the hiring of children from the Cadet Org for 2 years while working in Div 2 FSO where most of the work was done (CF filing and promo stuffing) and also as the Treas Sec FSO and FP Chairman for 7 years.

The pay rate was haggled over with the adults that supervised the cadets
(like Rusty Hilton). You told Rusty what the job was, how many children were needed and for how long. The price was set and the Purchase Order was submitted and approved as part of the weekly Financial Plan (FP).

For a common “Cadet Mission” like the stuffing of promo on Thursday afternoons we would usually get about 7 children for about 4 hours at a cost of about $75.

Co$ really stepped in it this time. Dykema is not some small-time chop shop that it can intimidate. It’s bigtime, and will just laugh at the cheesy tactics and attempts at intimidation that will come out of the Co$ and its laughably bad legal team. Firms like Dykema eat scrubs like Yingling for breakfast.

I will engage in sheer speculation and guess that one of the first things that’s going to happen in this case is a motion for sanctions against Co$ for failure to respond to discovery. A firm like Dykema knows discovery, and knows how to get the information it needs.

I addressed the Los Angeles Board of Supervisors about Daniel’s case. It was well received by Chairman Supervisor Michael Antonovich who said his staff would contact the Sheriff and pass along copies of the lawsuit to the LA County District Attorney. It’s quite a change from the blank stares I get at the Riverside Board of Supervisors. The information is could not be ignored and dismissed.

After the speech a reporter came to speak to me. I gave her the written speech, a synopsis of the lawsuit and a generic press release. This particular reporter writes for a news service which publishes in 150 newspapers. Another reporter has seen a video of the speech and is preparing a story.

Letting the world know is the most effective way to liberate these Sea Org kids. Please contact the press. You guys / gals have much more knowledge than I do. I have some 1500 press e-mail addresses if you need them.

Wow, people are really passionate about this stuff. Please dont take offense with the following comment but in a global community fighting over religion really is like trying to force one another to see why “my imaginary friend is better than yours.” There are many different religions and the best thing to do is to leave it out. Be people first and Christian, Jewish, Muslim etc…. second.